This is a word with two
contradictory meanings. To "sanction" can mean to ratify or to approve but
it can also mean to punish. The "sanction" of a crime refers to the actual
punishment, usually expressed as a fine or jail term.

Agreement signed at Schengen on 14 June 1985 between Belgium, France,
Germany, Luxembourg and the Netherlands in which these countries agreed that
they would gradually remove their common frontier controls and introduce
freedom of movement for all individuals who were nationals of the signatory
member states, other member states or third countries.

The Schengen Convention was signed by Belgium, France, Germany, Luxembourg
and the Netherlands on 19 June 1990. It lays down the arrangements and
guarantees for implementing freedom of movement. It amends the relevant
national laws and is subject to parliamentary ratification. Italy (1990),
Spain and Portugal (1991), Greece (1992), Austria (1995), Sweden, Finland
and Denmark (1996) have since joined the list of signatories, while Iceland
and Norway are also parties to the Convention; see also the Schengen
Agreement.

[Latin: knowledge]. In legal situations,
the word is usually used to refer to "guilty knowledge". For example, owners
of vicious dogs may be liable for injuries caused by these dogs if they can
prove the owner's "scienter" (i.e. that the owner was aware, before the
attack, of the dog's vicious character).

Anton Piller Order. The civil
law equivalent of a criminal search warrant, but without the power to use
force.

Can be obtained against a party to
proceedings or intended proceedings in order to preserve evidence which is
or may be relevant or for the purpose of preserving property which may be
the subject of proceedings.

In civil proceedings search orders are
available by application to the Court (usually without notice to the
defendant).

A claimant must show real grounds for
suspecting that the defendant is destroying or will destroy documents or
would not comply with an order for disclosure.

A search order must be supervised by a
Supervising Solicitor who must be experienced in the operation of search
orders and who is independent of the claimant.

The Supervising Solicitor’s obligations
include, amongst other things, listing all material removed from the
defendant’s premises and explaining the terms and effect of the order to the
defendant.

As a matter of principle the Court in
England and Wales may order a search of premises located overseas, but in
practice it is unlikely to do so.

Extremely effective tool in determining
the whereabouts of assets and proceeds of fraud.

Search orders can also be obtained in
criminal proceedings, either from the County Court (e.g. under tax
legislation) or from the Magistrates’ Court (search warrants). Evidence
obtained from a search in criminal proceedings cannot be used directly in
civil proceedings but transcripts of the evidence used in court in the
criminal proceedings are permitted.

A court order (i.e. signed by a
magistrate or a judge) that gives police, customs and excise or other law
enforcement agent the authority to enter private property and to search for
evidence of the commission of a crime, for the proceeds of crime or property
that may be suspected of being used to commit a crime. These court orders
are obtained on the basis of a sworn statement by the requesting law
enforcement officer and will precisely describe the place to be searched
and, in some cases, the exact property being sought.

The punishment given to a person who has
been convicted (i.e. found to be guilty) of a crime. It may be time in
prison, a Community Penalty Order (formerly community service) or a
Community Rehabilitation Order (formerly probation), a fine or discharge.

The taking of someone's property,
voluntarily (by deposit) or involuntarily (by seizure), by court officers or
into the possession of a third party, awaiting the outcome of a trial in
which ownership of that property is at issue.

Scottish court. The Court of
Session always sits in Edinburgh, unlike the High Court of Justiciary, which
can sit on circuit. This is why Glasgow murder trials will
generally be heard in Glasgow, whereas personal injury actions for large
sums of money will generally be heard in Edinburgh, regardless of where the
people involved live.

The Court of Session consists of the Lord
President, Lord Justice-Clerk and other Judges known as ;Lords in Ordinary.

A defence used in Canadian courts where the
accused has been acquitted of sexual assault charges because they suffered
an exotic form of parasomnia, or sleep disorder, and had been so deep in
sleep that he could not form the intention to commit the sexual assault of
which they are charged.

First used in 1985, there have only been seven
cases in Canada of these, only two succeeded.

There have been acquittals in UK courts but
the defence has not been heard in an appeal court. An example of
acquittal was reported in 2007 in York Crown Court, press report
here.

Jan Luedecke, a 35-year-old landscaper, found
on top of Toronto woman entered the plea and his case reached the Ontario
Court of Appeal in 2008 (outcome not known).

harassment
in employment situations, related to sex or gender, which detrimentally
affects the working environment. The most overt variation of sexual
harassment is the quid pro quo
offer of work favour in exchange for sexual favour.

company bought by a transfer of cash in
exchange for a certificate, the certificate constituting proof of share
ownership. Persons owning shares in a company
are called "shareholders". There are two basic kinds of shares:
common and
preferred. A shareholder is not
liable for the debts or other obligations of the
company except to the extent of any
commitment made to buy shares. The two other benefits of shares include a
right to participate in profits (through dividends) and the right to share the residue of assets of the
company, once liabilities have been paid
off, if it is ever dissolved.

A contract between the shareholders of
the company and the company itself, in which certain things, usually the
purview of the board of directors, are detailed. For example, a shareholder
might be allowed to manage the company, instead of a board of directors. The
shareholder agreement will also, typically, control inflows to the company
(purchase of shares), how profits are to be distributed, dispute resolution
and what to do if a shareholder dies.

Scottish court. Note: not; Sheriff's
Court;. The adjective from Sheriff; is; Shrieval; (pronounced to
rhyme with; weevil;) The smaller civil disputes go to the Sheriff
Court. There is no upper limit to the value of cases which can be dealt with
in the Sheriff Court - you can raise a million-pound action there if you
wish, although in practice that does not happen often. There are two special
procedures for smaller claims, the small claim procedure and the summary
cause procedure. Appeal from the Sheriff Court lies with the Sheriff
Principal, or else to the Inner House of the Court of Session.

[Latin: without day]. Adjourned without
giving any future date of meeting or hearing. A court that adjourns sine
die essentially dismisses the case by saying that it never wants to hear
the case again! A meeting which adjourns sine diehas simply not set
a date for it's next meeting.

real property, a
business or goods (the latter might also be called "slander of goods"). A
form of jactitation. For example,
stating that a house is haunted or alleging that a certain product infringes
a patent or copyright.

When a person (called "master") has
absolute power over another (called "slave") including life and liberty. The
slave has no freedom of action except within limits set by the master. The
slave is considered to be the

property of
the master and can be sold, given away or killed. All the fruits of the
slave's labour belongs to the master (see, for example, the extract from The
1740 South Carolina Slave Code in the History of the Law). Slavery was once
very prevalent in the world but is now illegal in most countries.

buggery and referring to "unnatural" sex
acts, including copulation, either between two persons of the same sex or
between a person and an animal (the latter act is known as "bestiality").
Most countries outlaw bestiality but homosexual activity is gradually being
decriminalized.

A lawyer who gives legal advice drafts
documents such as contracts and wills, and arranges the purchase and sale of
land and property. A solicitor's main work would not, typically,
involve regular attendance at court for advocacy. His/ her involvement
in

litigation in the courts, although the
distinctions are increasingly becoming blurred.

Nevertheless, in England
and Wales, barristers and solicitors work together: the solicitor would typically make the first contact with a client
and if the issue cannot be resolved and proceeds to trial, the solicitor
would transfer the case to a barrister for an opinion or advocacy in the
courts.

Lawyers in other
countries sometimes use the title "barrister
and solicitor" because there is no legal
distinction between the roles. In the USA all lawyers are referred to as
"attorneys".

Has two meanings. The first one is a
technical word for the monarch (king or queen) of a particular country as in
"the Sovereign of England is Queen Elizabeth." The other meaning of the word
is to describe the supreme legislative powers of a

state:
that they are totally independent and free from any outside political
control or authority over their decisions. The people of Quebec, for
example, has, at times, supported governments which have proposed that
Quebec become a "sovereign" state; that all legislative authority of the
government of Canada over their territory cease and that the government of
Quebec be enabled to regulate in any matter at all; and that the government
of Quebec represent itself internationally.

An acquittal on the grounds of insanity
is followed by custody during His Majesty's pleasure.

By the Criminal Procedure (Insanity) Act
1964 the verdict is now “not guilty by reason of insanity”
[previously it had been “guilty but insane”]

Legislation acknowledged the essential
principle that a proper conviction depended on proof of mens rea at the time when the criminal act was committed.

If the defendant was of unsound mind at
that time the right verdict, mens rea being absent, was an acquittal.
However, to protect the public from an individual whose actions constituted
the actus reus of a crime, an acquittal on the grounds of insanity was to be
followed by custody during His Majesty's pleasure.

Commonly used to describe "adverse
possession", where a person "squats" on another's land for so long that
the squatter becomes the owner because the true owner has left it too long
to take action to repossess the land.

Squatter is a barrister who has not been granted a tenancy in a set of
chambers, but nevertheless continues to practice from the set. This
arrangement is seldom hostile.

committees which have a
continued existence; that are not related to the accomplishment of a
specific, once only task as are ad hoc or
special committees. Standing committees generally exist as long as the
organization to which it reports. Budget and finance or nomination
committees are typical standing
committees of a larger organization.

[Latin: stare rationibus decidendi keep
to the decision of past cases]. A basic principle of the law whereby
once a decision (a

precedent) on a
certain set of facts has been made, the courts will apply that decision in
cases which subsequently come before it embodying the same set of facts. A
precedent which is binding; must be
followed.

A term of international law: those groups
of people which have acquired international recognition as an independent
country and which have four characteristics; permanent and large population
with, generally, a common language; a defined and distinct territory; a
sovereign government with effective control; and a capacity to enter into
relations with other states (i.e. recognized by other states). The USA,
Canada and China are examples of states. States are the primary subjects of
international law. The United Nations is comprised of all the states of the
world. Some large states have subdivided into smaller units each having
limited legislative powers normally restricted to subjects which are more
properly regulated at a local, rather than a national level. Thus, the
states of the USA are not really "states" under international law. It is
common for the general public and English dictionaries to use the word "

"Statute Book" is the collective noun for
statutes. It is a metaphor for all the laws of England and
Wales. There is no one book that contains all statutes.

Over 700 years they have been produced on
various materials, either in scrolls or flat documents. The nearest
modern equivalent of a statute book is the
UK Statute Law Database
(SLD).

The
SLD carries most (but not all) types of legislation, both primary and
secondary.

Most types of primary legislation are held in updated form
incorporating amendments. Most types of secondary legislation on SLD are not
revised and are held only in the form in which they were originally made.

A Statutory Instrument is a secondary
source of legislation. The term is generally abbreviated to SI. A SI can be
identified by the presence of the letters SI, then the year followed by ‘/’
and a running number (e.g. SI 1989/1673). SIs are needed to cover the
details of principles and operation that are too complex to be included in
the main body of Acts. They are also used for regularly updating Acts for
example to introduce new fees or costs. SIs are also known as Regulations,
Rules or Orders.

Sexual Offences Act 2003 intercourse with a child under 13 is called
rape, even if the child consents. It is said that the
common law definition of rape has not proven
adequate to reflect modern values in countries such as the USA. Rape is
limited to sex without consent. Many states have enacted laws which include
under the charge of rape, sex with a minor
even if done with the minor's consent, sex without consent regardless of
whether the victim is male or female, and sex without consent regardless of
the matrimonial bond between victim and rapist.

trust
created by the effect of a statute. They are usually temporary in nature and
serve the purpose of bridging ownership of property to benefit a certain
class of individuals which the statute is designed to protect. Some examples
are the temporary trusts that the law of some states impose on the executor
of an estate, the holding and administration of tax or other pay deductions
(including holiday pay) by employers, the trust accounts of lawyers and the
statutory trust on money paid for a construction project on behalf of any
person who might have a construction lien on
the property.

(Also "Stay of Proceedings") A stay
imposes a halt on proceedings, apart from taking any steps allowed by the
Rules or the terms of the stay. Proceedings can be continued if a stay is
lifted. (Civil Justice Rules)

[Latin: the offspring of a person; his or
her descendants]. For example, inheriting per stirpesmeans having a
right to a deceased's estate because you happen to be a descendant of the
deceased.

This principle is used to try to ensure equal
division of property.

So, the Administration of Estates Act 1925
s 46(1)(ii) says …
"(1) … (2) … (3) the share of any member who predeceases the testator is
taken by his children or remoter issue equally among them per stirpes,
but contingently upon attaining 18 or marrying under that age."

1.Tort liability which is set upon the
defendant without need to prove intent, negligence or fault; as long as you
can prove that it was the defendant's object that caused the damage. 2.
Criminal liability without mens rea intention recklessness or it is
sufficient that the offence occurred. Often associated with the term
absolute offence, and 'state of affairs' offences. Usually offences
regulating health and safety, possession offences, motoring offences,
currency and control of pollution. These are usually preventive in nature.

[Latin: under penalty]. An order of
a court which requires a person to be present at a certain time and place or
suffer a penalty. This is the traditional tool used by lawyers to ensure
that witnesses present themselves at a given place, date and time to make
themselves available to testify (see also

If
one person is subrogated to another, he is said to "stand in the other's
shoes", for example an insurance company is subrogated to the rights of the
insured on paying his claim, in other words the insurance company takes on
the rights of the client.

If a party appears to be avoiding service
of court documents, a request may be made with the court to, instead of
personal service (i.e. giving the document directly to the person), that the
document be published in a local newspaper, served on a person believed to
frequent the person or mailed to his (or her) last known address.

An agreement between two or more people
to kill themselves, usually at the same time or within a short space of
time. If one party survives he is criminally liable for the death of
the other(s), very rarely seen.

[Latin: of one's own right]. A
person who possesses full civil rights and is not under any legal incapacity
such as being

bankrupt, of minor age or
mental incapacity. Most adults are sui juris.
One who has all the rights to which a freemen is entitled; one who is not
under the power of another, as a slave, a minor, and the like.
To make a valid contract, a person must, in general, be sui juris.
Every one of full age is presumed to be sui juris.

indictable offences. Both the
procedure and punishment tends to be less onerous. The trial for a
summary offence takes place in a Magistrates' Court. Many offences,
particularly motoring offences are summary only offences and can never be
tried elsewhere.

An order signed by a magistrate or a
magistrate's clerk ordering the person named in the document to appear at a
certain place at a certain time, usually to answer a charge. The
summons also gives the court which issues it the authority to dispose of the
matter. It does not involve the arrest of the accused and is used where the
police, either by the relatively less serious nature of the crime or because
of the standing of the accused in the community, do not believe that arrest
is necessary to ensure the attendance of the accused at court.
In the USA, this is one of the initial documents issued in a civil suit;
giving the defendant notice of the claim and an opportunity to defend it.

The person who has pledged him or herself
to pay back money or perform a certain action if the principal to a contract
fails, as

collateral, and as part of the
original contract. Technically, where a person provides collateral after or
before the original contract is signed, and as a separate contract, the
person is called a "guarantor" and not a
"surety."

Criminal:

In
bail situations a security is cash that stands to be forfeited if the
defendant fails to appear in answer to his bail. More usually a surety
is offered from a friend or relative.

[Middle English via Old French silogisme
or Latin syllogismus from Greek sullogismos, from sullogizomai (as
syn-logizom "to reason" from logos "reason")]

Deductive reasoning as distinct from
induction, often ascribed to judges.

A form of reasoning, in which a
conclusion is drawn from two given or assumed propositions (

premisses):
a common or middle term is present in the two premisses but not in the
conclusion, which may be invalid (e.g. all fathers are male; some horses are
male; therefore some horses are fathers: the common term is male).

A civil law term for a reciprocal or bilateral contract: one in which both parties provide
consideration. A contract of sale is a classic example, where one party provides money and the other, goods or services. A gift is not a synallagmatic contract.